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Ash, Solicitor

Category: Law

Satisfied Customers: 10916

Experience: Solicitor with 5+ years experience

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Recently while on holiday in Mexico we foolishly signed a contract

Resolved Question:

Recently while on holiday in Mexico we foolishly signed a contract with Occidental Vacation Club, a holiday company. It was very high pressure sales (from 8.30 am to 3.30pm). We now believe, to a degree, they acted illegally. On asking, we were categorically told there was no cooling off period - 'Mexico law is different to the UK'. The lawyer, where we signed all the papers, never mentioned the 5 day cooling off period. (We would definitely have cancelled the following day, had we known this). Dont know if this is relevant, but these sales were supposed to be for people under 70 although my husband was a few days under 74, which they knew and commented upon complimentarily.We paid just under £3000 deposit on credit card. Our circumstances are now that we cannot afford to continue with this and really want to get out of this agreement. Is there any way we can do this - either getting a refund or simply terminating it now. What would the consequences be if we ceased paying?

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What law is the contract governed by please, does it say?

Customer:

United Mexican States

Alex Watts :

And does it say anything about being able to sue you in other jurisidctions?

Customer:

No we dont thinkso

Alex Watts :

Ok - then you do not need to worry

Alex Watts :

They can only sue you in Mexico not the UK

Alex Watts :

Mexican Judgments can not be enforced in the UK

Alex Watts :

So even if you dont pay and they get what would be a county court Judgment there, then it wont be enforced here.

Alex Watts :

In any event you were mis-sold and could have cancelled if given the opportunity which you were not

Alex Watts :

I therefore would not be too concerned about this if the contract does not say you can be sued outside Mexico

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you. So should we email cancelling this agreement, quoting the mis selling. Should we ask for refund of monies.

Alex Watts :

Yes I would do this and say you are not bound

Alex Watts :

They did not give you cancellation and they should have

Customer:

Because of not being told about the 5 day rule?

Alex Watts :

They misrepresented the facts and therefore you are not bound

Alex Watts :

Yes that is right

Alex Watts :

But you can ask for a refund, but if they refuse then you would have to sue in Mexico

Alex Watts :

I can't advise about that as it may be costly.

Alex Watts :

Can I clarify anything else?

Customer:

Is there any chance this could affect our credit worthiness in this country?

Alex Watts :

In the UK none whatsoever

Customer:

Thank you so much, this has given us great relief!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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